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Thread: Carlton Michael Gary - Georgia Execution - March 15, 2018

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    Carlton Michael Gary - Georgia Execution - March 15, 2018








    Summary of Offense:

    Was sentenced to death in Muscogee County in August 1986. Between September 11, 1977 and April 19, 1978, eight elderly women in Columbus were raped and strangled in their homes. One survived. In 1984, a gun stolen in the same neighborhood as the killing spree was found in Michigan in the possession of Mr. Gary's cousin. Mr. Gary's fingerprints were then matched to some left in the homes of four of the homicide victims. He was convicted of murdering three women. Mr. Gary had been accused of the rape and murder of an 89-year-old New York woman in 1970 and an additional rape, but he blamed another man who was tried and acquitted. Mr. Gary's second state appeal challenging the fairness of his trial and sentence was denied in December 1995.

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    February 12, 2008

    Columbus stocking strangler’ loses death-penalty appeal

    The so-called Columbus stocking strangler lost his appeal Thursday to have his death sentence overturned.

    In a unanimous ruling, the 11th U.S. Circuit Court of Appeals rejected Carlton Gary's claims he deserves a new trial because prosecutors withheld important evidence and his lawyer was not granted sufficient money for the defense.

    Between October 1977 and April 1978, the rapes and murders of 7 elderly women terrorized the Wynnton neighborhood of Columbus. They were called the "stocking strangler" murders because the assailant left, as a calling card, stockings draped around the necks of his murder and rape victims.

    Gary was charged with raping and killing 3 of the women and, in 1986, convicted and sentenced to death for the crimes.

    Gary’s appellate lawyer, Jack Martin, has asserted there is new evidence that suggests Gary did not rape and kill the Columbus women. Martin could not be reached for comment Thursday.

    Judge Gerald Tjoflat, writing for the appeals court, rejected claims that prosecutors improperly withheld important evidence, such as a molding of a bite mark left on the body of one of the women killed during the murderous spree. Gary's lawyer was never told about the existence of the molding, which was found by a Columbus coroner about 2 decades after the trial.

    Because Gary had dental work done after the serial killings ended, "any bite-mark comparison would neither identify nor exclude him as the perpetrator," Tjoflat wrote.

    Tjoflat wrote that the strength of the evidence against Gary gave the court confidence in the jury's verdict.

    Gary confessed he was present at or had knowledge of 8 of the 9 rape-murders presented to the jury. Even though Gary blamed the crimes on a childhood friend, police never found evidence to corroborate that assertion, Tjoflat noted.

    At trial, Gary's lawyer presented no mitigating evidence or testimony during the important sentencing phase of the trial, which occurred after the jury found him guilty of the crimes. Gary had previously waived any claims his lawyer was ineffective, the 11th Circuit found.

    At trial, Gary's lawyer was denied his request for money for experts. The 11th Circuit dismissed that claim on the grounds it was an issue that was addressed by the state courts and should not have been raised in a federal appeal.

    (Source: The Atlanta Journal-Constitution)

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    December 3, 2009

    Authorities say Carlton Gary could be executed within weeks-

    The Stocking Strangler could be dead by Christmas.

    Now that the United States Supreme Court thrice has rejected appeals from the man convicted in a string of murders that terrorized Columbus’ Wynnton area in the late 1970s, Carlton Gary’s time on Georgia’s death row is running out.

    Authorities say the next step is for a Muscogee Superior Court judge to issue a death warrant giving the Georgia Department of Corrections a specific time frame in which to set an execution date.

    “It’s usually a seven-day window,” said Joan Heath, public affairs director for the Georgia Department of Corrections.

    The department then schedules the execution within that period. “We’ll send out a press release announcing the date,” Heath said.

    The tricky part could be finding a local Superior Court judge who in decades past has not played some role either in Gary’s prosecution or defense.

    The U.S. Supreme Court will send the case back to Columbus, where the judge who tried the case normally would set a time frame for Gary’s execution. But Judge Kenneth Followill, who presided at Gary’s trial in 1986, retired a year ago.

    The case then would go to the senior judge in the Chattahoochee Judicial Circuit. But that’s Judge John Allen, who in private practice briefly represented Gary after police tracked the suspect down in 1984.

    Next in line is Judge Doug Pullen. But he was one of the prosecutors in Gary’s case.

    So, the execution order likely will be issued by Superior Court Judge Robert Johnston, who was a State Court judge when Gary was tried and convicted of three of the seven so-called “Stocking Stranglings.”

    “I will sign it,” Johnston said Tuesday, “and business will carry on.”

    Johnston said the Department of Corrections usually recommends an execution date.

    “I generally go along with that,” he said.

    Columbus Mayor Jim Wetherington, who was police chief when Gary was arrested and tried, knows how the execution process plays out. Wetherington was on the Georgia Board of Pardons and Paroles and served as commissioner of the Department of Corrections, which carries out the death sentence.

    The board will set a hearing at which Gary’s attorneys can argue for a stay, he said: “The board will make a decision that day.”

    If the board denies the stay, the execution will take place “reasonably quickly after the board makes a decision,” Wetherington said.

    Shocking crimes

    Born in Columbus on Sept. 24, 1950, Gary was in his late 20s in 1977 and ’78 when seven elderly Columbus women brutally were raped and strangled in their homes, a series of shocking crimes seemingly committed by a phantom killer no police dragnet could catch.

    Journalist Ed Fowler called it “one of the most horrible and amazing stories I’ve ever had to cover.”

    Today he’s vice president of operations for Consolidated Publishing in Anniston, Ala. In the late ’70s he was the Columbus Enquirer’s city editor.

    “When we left the building each night, we never knew if we would be called back to cover yet another death,” he said.

    Fowler recalled one night when a group of editors and reporters left the newsroom after putting the paper to bed, and ran right into the police.

    “We decided to go somewhere and have a drink, as newspaper people will sometimes do,” he said. “And without thinking, we drove through the Wynnton area. All of us got stopped.”

    Some of the burglar bars, deadbolt locks and other home-security measures found today in older Wynnton-area homes are leftovers from the late 1970s, when families feared for the safety of any widow living alone.

    The serial killer was given the moniker “Stocking Strangler” because of the ligature he more often chose to use on his victims, leaving it wrapped around their necks.

    These were the seven victims:

    — Ferne Jackson, 60, of 2505 17th St., killed Sept. 15, 1977.

    — Jean Dimenstein, 71, of 3927 21st St., killed Sept. 25, 1977.

    — Florence Scheible, 89, of 1941 Dimon St., killed Oct. 21, 1977.

    — Martha Thurmond, 69, of 2614 Marion St., killed Oct. 25, 1977.

    — Kathleen Woodruff, 74, of 1811 Buena Vista Road, killed Dec. 28, 1977.

    — Mildred Borom, 78, of 1612 Forest Ave., killed Feb. 12, 1978.

    — Janet Cofer, 61, of 3783 Steam Mill Road, killed April 20, 1978.

    In August 1986, a jury found Gary guilty in the killings of Scheible, Thurmond and Woodruff. After being sentenced to death, he on Sept. 3, 1986, was sent to the Georgia Diagnostic and Classification Prison in Jackson, where he remains today.

    Investigators had few clues to the Stocking Strangler’s identity until the early 1980s, when a gun taken in a burglary that occurred during the stranglings was traced to Gary. A fingerprint at that crime scene matched fingerprints found at some of the stranglings.

    Once police had a name, they started trying to track Gary down, tracing his movements up and down the East Coast.

    What they found was that wherever he went, a pattern of crime emerged, said Columbus Police Chief Ricky Boren, who as a sergeant was involved in the investigation that led to Gary’s arrest in 1984.

    Boren believes police may never know just how many homicides, rapes and robberies Gary committed — but he would like to ask.

    “I would like to have the opportunity to re-interview him one on one, when the appeals are not there anymore — when he knows that the end is inevitable,” Boren said. “I wish I had the opportunity, or was afforded the opportunity, to just sit there and go through everything with him.”

    Exception to the rule


    Investigators were struck not just by the cruelty of Gary’s crimes, but also by the variety. He was not just a serial killer or a burglar or a rapist or a robber; he was all of that.

    “Carlton did not meet any of the profiles that were known at the time,” Boren said. “Carlton was an exception to the profiles. You had a man that was out here doing armed robberies, and we investigated cases where he would do an armed robbery and rape one of the female employees of the business. He was traveling basically up and down the eastern coast of the United States doing armed robberies and other offenses. ... Major chain restaurants was his thing, a lot of those.”

    Gary also was into drugs, Boren said: “A lot of cocaine was involved.” He escaped from a prison in Syracuse, N.Y., in August 1977, and returned to Columbus just before the Stocking Stranglings started.

    Authorities say his pattern of crime can be seen in his checkered past.

    In July 1970, Gary was questioned in the April 14, 1970, rape and strangulation of an 85-year-old woman named Nellie Farmer, found dead in the Wellington Hotel in Albany, N.Y. Gary’s fingerprint was on a trunk in Farmer’s room. He blamed the killing on another man, but was convicted of robbing the woman and was sent to prison.

    Released on March 31, 1975, he moved to Syracuse, N.Y., where cold-case investigators in 2007 announced Gary’s DNA matched samples collected at the scene of the June 27, 1975, rape and strangulation of a 40-year-old teacher named Marion Fisher.

    He was arrested for a parole violation in July 1975 and released again a year later.

    Next he was implicated in the Jan. 2, 1977, sexual assault and robbery of a 55-year-old Syracuse woman named Jean Frost, who was choked until she passed out. Arresting him two days after the crime, police found that Gary had in his pocket a watch taken from Frost’s home. He pleaded guilty April 11, 1977, to perjury, assault, resisting arrest and drug possession. He escaped from the Onondaga County Prison that August.

    The big break in Columbus’ stranglings investigation came with a stolen handgun and a fingerprint match linking Gary first to a late ’70s burglary and then to the stranglings, and with investigators’ finding a woman still in his favor.

    They followed her to Albany, Ga., where Gary was holed up in a hotel room. Police there detained the woman, persuaded her to cooperate in getting Gary to open the door, and called in a SWAT team.

    According to Boren, Carlton Gary’s saga almost ended there.

    “He attempted to get a .357 Magnum that was in the room on a night table,” Boren said. “But the SWAT team tackled him, kept him down on the floor, and kept him away from the weapon. ... It was real close.”

    Twenty-five years later, the man police almost gunned down that day faces death by lethal injection for crimes that today are 32 years old.

    “This has been a long time coming,” Boren said.

    http://www.ledger-enquirer.com/news/story/928733.html

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    December 4, 2009

    Carlton Gary execution set for 7 p.m. Dec. 16

    Convicted Columbus Stocking Strangler Carlton Gary will be executed at 7 p.m. Dec. 16, the Georgia Department of Corrections announced this morning.

    The department acted quickly, having Thursday received an order from Muscogee County Superior Court Judge Robert Johnston setting Gary’s death by lethal injection for Dec. 16 through Dec. 23, a time frame from which the Georgia Department of Corrections chose the first day. The order opened the execution window at noon Dec. 16 and closed it at noon Dec. 23. Both are Wednesdays.

    Gary’s attorneys may appeal to the state Board of Pardons and Paroles for a stay, authorities said. If they do, that hearing should be scheduled soon. Otherwise Gary is almost out of options. For the third time, the United States Supreme Court this week rejected his appeal.

    Gary was convicted in three of the seven slayings, the murders of Florence Scheible, 89, of 1941 Dimon St. on Oct. 21, 1977; Martha Thurmond, 69, of 2614 Marion St. on Oct. 25, 1977; and Kathleen Woodruff, 74, of 1811 Buena Vista Road on Dec. 28, 1977.

    The other victims were Ferne Jackson, 60, of 2505 17th St. on Sept. 15, 1977; Jean Dimenstein, 71, of 3927 21st St. on Sept. 25, 1977; Mildred Borom, 78, of 1612 Forest Ave. on Feb. 12, 1978; and Janet Cofer, 61, of 3783 Steam Mill Road on April 20, 1978.

    The serial killer was given the moniker “Stocking Strangler” because of the ligature he more often left wrapped around victims’ necks.

    http://www.wtvm.com/Global/story.asp?S=11620379

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    December 15, 2009

    Pardons board denies inmate's appeal

    Georgia's pardons board has denied clemency to a man convicted of killing 3 women in the 1970s.

    The board made its decision to deny Carlton Gary clemency Tuesday, a day after his attorneys asked the panel to give the case another look.

    Gary is scheduled to be executed Wednesday at 7 p.m. He was convicted in 1986 of 3 of the city's seven "stocking strangler" slayings. The victims were strangled with their own stockings.

    The board could change the sentence to life without parole or life with the possibility of parole. It could also deny clemency or grant a stay of execution of up to 90 days.

    (Source: The Associated Press)

    ************************************************** ****

    NAACP pushes to stop execution

    The Georgia NAACP has endorsed efforts to win a stay of Wednesday's scheduled execution for Carlton Gary.

    Gary's attorneys are seeking a stay for Gary asking that the courts allow time for DNA testing of evidence in the "stocking strangling" cases in Columbus in the late 1970s.

    The Georgia Conference of the National Association for the Advancement of Colored People has asked Muscogee County District Attorney Julia Slater to drop her opposition to Gary's execution stay.

    Gary was convicted in 3 of the 7 stranglings, His execution is set for 7 p.m. Wednesday at the state Diagnostic and Classification Prison in Jackson.

    If a stay is denied, the NAACP plans a prayer vigil at 6 p.m. Wednesday at the Columbus Government Center downtown.

    (Source: The Atlanta Journal-Constitution)


    ************************************************** ****

    Several local attorneys support DNA testing in Carlton Gary case

    Several Columbus attorneys say if evidence that could be subjected to DNA testing in the "Stocking Stranger" cases exists, the test should be conducted before convicted killer Carlton Gary is executed.

    Gary's execution is set for 7 p.m. Wednesday at the Georgia Diagnostic and Classification Prison in Jackson.

    No evidence in the stranglings has been subjected to DNA testing, which was not available when Gary was convicted in 1986. Gary’s attorney sought a stay based on physical evidence that was discovered Dec. 4 during a search of the Columbus Police Department. The Georgia Innocence Project used an open-records request to demand that any such material be disclosed.

    Columbus criminal defense attorney Richard Hagler, who was a young prosecutor in 1977 and ’78 when the murders took place, said, "If it can be done, I am inclined to believe it should be done. If the evidence is there and it is legitimate and has not been tainted — and that's 2 big ifs — they should test it."

    Columbus attorney Ken Henson agrees.

    "I can understand that the families of these victims who were brutally murdered are ready for this to come to an end," Henson said. "But if it only takes 90 days or less to do the DNA testing, it should be done. It could establish conclusively and eliminate any doubt."

    If the evidence is tested and later not found to be Gary's DNA, it would create tremendous problems for the local justice system, Henson said.

    "Some would argue why should we hurry up and kill somebody when the testing is available," Henson said. "If you eliminate all doubt, nobody is going to write another book about it."

    Henson was referring to "The Big Eddy Club," written by British author David Rose. In the book, Rose contends Gary's conviction was a miscarriage of justice.

    Muscogee Superior Court Judge Robert Johnston again has rejected Gary's request that his execution be stayed until such tests are conducted.

    District Attorney Julia Slater opposed the delay.

    Henson said he does not understand why the state would not want the tests run.

    "Justice is about seeking the truth and this is another way of getting at the truth," he said.

    Columbus Public Defender Bob Wadkins said the testing would be a balancing act.

    "It is a matter of how you calculate the balance between procedure, finality and the possibility of a mistake," he said. "The very nature of criminal law is a human endeavor. And it is never going to be about certainty. It is a quest for balance."

    Wadkins said he would prefer the evidence be subjected to a DNA test.

    "Personally, I think it would be a good idea to put it off and test it," he said. "And if it matches, the execution will be legitimate in a vast majority of people's eyes. There will be a satisfaction that justice has been done."

    Hagler, who has represented a number of clients facing the death penalty, said Gary's attorney is just doing his job.

    "If I were representing him, I would fight for the testing of the evidence screaming to the high heavens," Hagler said.

    (Source: The Columbus Ledger-Enquirer)

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    December 16, 2009

    Gary execution stopped by Georgia Supreme Court

    In a 5-2 vote, the Supreme Court of Georgia today granted Carlton Gary’s motion for a stay of execution and ordered the Muscogee County Superior Court to conduct a hearing on his request for DNA testing.

    Gary, who was convicted and sentenced to death in 1986 for the rapes and strangulation murders of three elderly women in Columbus, was due to be executed tonight at 7 p.m.by lethal injection. Gary’s attorneys have claimed that DNA testing of hair, semen and fingernail scrapings found on his alleged victims was not available at the time of his conviction.

    All justices concurred in today’s decision except Chief Justice Carol Hunstein and Presiding Justice George Carley, who dissented.

    http://www.ledger-enquirer.com/news/...story/945879.h

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    Gary's petition to the US Supreme Court was denied on October 4, 2010.

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    Judge rules feds don't have to pay for convicted Stocking Strangler Carlton Gary's new trial motion

    The Stocking Strangler’s tangled tale just took another twist.

    U.S. District Court Judge Clay Land has ruled the federal government does not have to pay convicted strangler Carlton Gary’s defense attorneys for seeking a new trial based on DNA tests showing semen at one crime scene came from someone else.

    Land said Gary’s death-penalty attorneys were paid for federal appeals, not for a new trial in Muscogee Superior Court. The judge denied paying them for about 17 hours spent researching and writing a new trial motion, which court clerks today said had not been filed.

    Gary's lead defense counsel, Atlanta attorney Jack Martin, has said he intends to file a motion for a new trial because the DNA test results and other evidence casting doubt on Gary's guilt were not considered in his 1986 trial. DNA testing was not used in U.S. Courts then.

    Paying for Gary’s defense long has been an issue. Critics claimed he would have got a fairer trial in 1986 with an adequately funded defense. The 11th Circuit Court of Appeals addressed such claims in detail while reviewing the case in 2009, and rejected them.

    In his decision, Land wrote that Gary’s defense was entitled to funding for work related to DNA testing stranglings evidence, as that could be used in appealing to the Georgia Board of Pardons and Paroles to change his death sentence to life in prison.

    After authorities got conflicting results this year in DNA-testing evidence from three crime scenes, attorneys agreed to skip a court hearing set for this past Monday and instead file briefs on whether more DNA tests should be conducted. The defense is to file by Feb. 1; the prosecution is to respond by Feb. 21. The defense has the option of responding to the prosecution by March 14, and then attorneys from both sides are to confer with the judge within 15 days.

    In denying funds for Gary’s new trial motion, Land quoted the 2009 U.S. Supreme court decision Harbison v. Bell: “When a retrial occurs after postconviction relief, it is not properly understood as a ‘subsequent stage’ of judicial proceedings but rather as the commencement of new judicial proceedings.”

    Wrote Land: “Using this same rationale, when a petitioner attempts to obtain a new trial after postconviction denial, it would not be viewed as a ‘subsequent stage’ of judicial proceedings but rather as the commencement of new judicial proceedings. Based on this, Gary’s attorneys would not be entitled to federal compensation for work undertaken in relation to the motion for new trial. Accordingly, petitioner’s request for compensation for 16.9 hours to research, draft, and revise the ‘Motion for New Trial based on DNA evidence and other evidence’ is denied.”

    These are the victims, addresses and dates for the rapes and stranglings that terrorized Columbus three decades ago: Ferne Jackson, 60, of 2505 17th St., on Sept. 15, 1977; Jean Dimenstein, 71, of 3027 21st St., on Sept. 24, 1977; Florence Scheible, 89, of 1941 Dimon St., on Oct. 21, 1977; Martha Thurmond, 69, of 2614 Marion St., on Oct. 25, 1977; Kathleen Woodruff, 74, of 1811 Buena Vista Road, on Dec. 28, 1977; Mildred Borom, 78, of 1612 Forest Ave., on Feb. 12, 1978; and Janet Cofer, 61, of 3783 Steam Mill Road, on April 20, 1978.

    Gary was convicted of killing Thurmond, Scheible and Woodruff. Authorities say his DNA matched semen evidence from Dimenstein's rape but not from Thurmond's.

    Gary was hours away from lethal injection Dec. 16, 2009, when the Georgia Supreme Court issued a last-minute stay and ordered a Muscogee Superior Court judge to hold a hearing on DNA testing. Slater and Martin in February agreed to test evidence from the Thurmond, Dimenstein and Woodruff cases. Tests on the Woodruff evidence proved inconclusive.

    http://www.ledger-enquirer.com/2010/...#ixzz19dbzXbGv

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    Stocking Strangler case: Land denies defense funding for new trial motion (AGAIN)

    A federal judge this morning ruled that the federal government will not pay convicted Stocking Strangler Carlton Gary’s attorneys for seeking a new Muscogee County Superior Court trial after DNA tests showed someone else left semen at one of the late 1970s rapes and murders.

    Gary''s lead defense counsel, Atlanta attorney Jack Martin, sought to persuade U.S. District Judge Clay D. Land on Wednesday to pay the defense for its work on the new trial motion. Land on Dec. 10 denied that funding, saying a new trial in Muscogee County Superior Court would constitute a new judicial proceeding unrelated to the federal appeals for which the defense attorneys were appointed.

    Gary’s lawyers filed a follow-up motion asking Land to reconsider that decision, so Land set Wednesday’s hearing to consider their arguments. Gary was brought to Columbus from Georgia’s death row prison in Jackson for the session, which took about 80 minutes.

    In 1986, before DNA testing was used in U.S. courts, Gary was convicted in three of the seven “Stocking Stranglings,” so named because of the ligature the killer most often used on his victims. He was to be executed in December 2009, but the Georgia Supreme Court issued a last-minute stay and sent the case back to Muscogee Superior Court for a hearing on DNA testing.

    The defense and prosecution last February agreed to DNA test four pieces of evidence. The tests matched Gary to semen found at the scene of 71-year-old Jean Dimenstein’s homicide. But DNA evidence from the slaying of 69-year-old Martha Thurmond showed the semen found there had to have come from someone else.

    Gary was convicted of Thurmond’s murder, but not Dimenstein’s. Based on the Thurmond DNA results and other evidence the defense claims is exculpatory, Gary’s attorneys prepared a motion for a new trial and requested federal compensation.

    In Muscogee Superior Court, defense attorneys and prosecutors have agreed to file briefs on whether more DNA tests should be conducted. The defense is to file by Feb. 1; the prosecution is to respond by Feb. 21. The defense has the option of responding to the prosecution by March 14, and then attorneys from both sides are to confer with the Superior Court Judge Frank Jordan Jr. within 15 days.

    Here’s a list of the victims, addresses and dates for the stranglings that terrorized Columbus three decades ago: Ferne Jackson, 60, of 2505 17th St., on Sept. 15, 1977; Dimenstein, of 3027 21st St., on Sept. 24, 1977; Florence Scheible, 89, of 1941 Dimon St., on Oct. 21, 1977; Thurmond, of 2614 Marion St., on Oct. 25, 1977; Kathleen Woodruff, 74, of 1811 Buena Vista Road, on Dec. 28, 1977; Mildred Borom, 78, of 1612 Forest Ave., on Feb. 12, 1978; and Janet Cofer, 61, of 3783 Steam Mill Road, on April 20, 1978.

    Besides Thurmond, Gary was convicted of killing Scheible and Woodruff.

    http://www.macon.com/2011/01/21/1419...#ixzz1Bh5PO1gW

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    ::SIGH::

    Death Row Inmate Jockeys for New Tests

    A Georgia inmate sentenced to death on charges of strangling three elderly women with their own stockings is seeking more DNA tests after other results raised concerns about his conviction.

    Carlton Gary's attorney filed a motion Tuesday seeking to test evidence from one victim who was strangled in the spate of attacks that terrorized Columbus in the late 1970s, and another who survived.

    The motion comes after the Georgia Bureau of Investigation released tests in December that showed that Gary's DNA did not match samples from one of the victims and a test for another victim was inconclusive.

    The tests also link Gary to a fourth woman, Jean Dimenstein, who was killed in 1977. Prosecutors have long accused Gary of her death, but didn't ask jurors to convict him at his 1986 trial.

    http://www.13wmaz.com/news/local/sto...12467&catid=52

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